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Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 3:In page 4, between lines 28 and 29, to insert the following: “Appeals 7. (1) The Act of 1998 is amended by the substitution of the following section for section 29:"Appeals 29. (1) Where a board or a person acting on behalf of a board—(a) permanently excludes a student from a school, (b) suspends a student from attendance at a school for a period or...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 5:In page 5, between lines 1 and 2, to insert the following:" 'annual admission notice’ has the meaning assigned to it by section 63;". These amendments all relate to definitions, including definitions of annual admission notice, board, special class, the intake group, oversubscribed and so on.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 6:In page 5, between lines 4 and 5, to insert the following:" 'board’ includes a committee established under section 44(1) or 44(7) of the Education and Training Boards Act 2013;".

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 7:In page 5, to delete line 16 and substitute the following:"year in a school, which in the case of a school with an early intervention class or an early start pre-school class specified in a list published by the Minister from time to time, does not include such class;".

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 8:In page 5, between lines 16 and 17, to insert the following:" 'oversubscribed’ means— (a) in relation to a school, that the number of students seeking admission to the school is greater than the number of places being made available by the school, and (b) in relation to a special class, that the number of students seeking admission to the special class...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 9:In page 5, between lines 17 and 18, to insert the following:" 'special class’ means a class that has been established by a school with the approval of the Minister to provide an education exclusively for students with a specified category or categories of special educational needs;".

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I think it is related to homeless children.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: Amendment No. 82 is the one that should be grouped, not amendment No. 83.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: Yes.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: Yes. Basically, what we are providing for here is that every school must have in its admission policy a statement that relates back to the equality legislation so that it has to provide that it will not discriminate on grounds of gender, civil status, family status, sexual orientation and so on. That includes the Traveller community grounding of a student. It provides that the school must...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I should just add that under this legislation Tusla would have the power to designate that a school must accept a child should the child be refused.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: I move amendment No. 13:In page 6, line 12, to delete “and”. Amendments Nos. 13 and 18 facilitate the addition of sub-paragraph (c) and (d) by deleting "and" between sub-paragraphs (a) and (b) and removing a full stop at the end of sub-paragraph (b) and replacing it with a comma. Amendment No. 19 introduces two new sub-paragraphs which provide that the admission statement of a...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: The purpose of amendments Nos. 37 and 41 is to provide that a special school or class in a school does not have to admit a student who does not have the specified category or categories of special education need that the school or class has been approved by the Minister to cater for. This means that special schools or classes will not be required to admit students who do not have the...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: The school "may" refuse. It will not be deemed to be in breach of the legislation if a school refuses a child who does not fit into the school's special need category. If a school has a class for six children with special education needs and there is a child seeking access who does not have a special education need, the school can say that it is not taking on the child in its special...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: The school is obliged to accept all comers. That is the general rule unless a school is over-subscribed, at which point it applies its admission policy. What this provision states is that if a child applies and there is a space in a special needs class and the child applying does not have a need for such a class, the school will not be deemed to be in breach of this Act by not making...

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: No, if there is a vacant space. If there are six places in the class, four are filled and there are two children who want to gain access-----

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: Yes, two children from the main stream. In that case, the school may say that it is not admitting main stream children to its special education class.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: No. For example, in the case of a school for the deaf, it is designed so that places can be preserved for children who are deaf.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: No.

Select Committee on Education and Skills: Education (Admission to Schools) Bill 2016: Committee Stage (28 Jun 2017)

Richard Bruton: It is a case of "may". If this provision was used unreasonably, a section 29 appeal could be lodged. This is to try to make sure that where we are making special provision and are putting in special facilities for children who have certain categories of need, be it children who are deaf or whatever, it is reasonable to say that that provision will only apply where the child presenting fits...

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